A Malindi court has declined to stop the planned groundbreaking of the proposed Dangote refinery in Lamu, but has ordered that the current position on the disputed land be preserved until the farmers’ case is heard.
Lady Justice Jane Onyango of the Environment and Lands Court in Malindi declined to certify an application by 133 Mvinjeni farmers as urgent.
Instead, she directed the applicants to serve the respondents, who have 14 days to respond. The substantive application will be heard on October 14, 2026.
The order comes a day before the planned September 30 groundbreaking, which President William Ruto is expected to attend during his Coast tour.
Farmers challenge land acquisition
The farmers, led by Tima Swaleh, filed their application on September 23. They want the court to prevent the government, Dangote Industries and other parties from proceeding with activities linked to the refinery on LR No. 13061 in the Hindi/Manda Magogoni area.
They say they have occupied and cultivated parts of the land for generations.
The applicants argue that construction-related activities could interfere with their claims and cause further damage to property on the disputed land.
They are seeking orders to stop the respondents and their agents from entering the area, clearing land, excavating, fencing or beginning construction.
Claims of damage and lack of compensation
The farmers allege that machinery and workers have already entered parts of the site.
They claim farms have been cleared, crops and trees destroyed and that one resident’s house was demolished.
They also say some affected residents have not been properly identified, surveyed or compensated despite having lived on the land for decades.
The farmers are asking the court to order a joint survey and inspection of the site. They want the process to document homes, crops, trees, livestock facilities, graves and religious structures.
Farmers seek documents on acquisition
The applicants have also asked the National Land Commission to investigate their claims and recognise them as interested parties in the acquisition process.
They want access to documents including notices of intention to acquire the land, Gazette notices, survey plans, valuation reports and compensation records.
They are seeking compensation for land and developments, as well as restitution or resettlement for residents who may be displaced.
The farmers have also raised environmental concerns and questioned whether all required assessments were completed before the project moved forward.
Court preserves status quo
Justice Onyango ordered that the status quo on LR No. 13061 be maintained until the October 14 hearing.
The order does not amount to a ruling on the farmers’ wider claims. It preserves the existing position while the court considers the arguments from both sides.
The respondents include the Office of the President, Ministry of Defence, State Department for Lands, Attorney General, National Land Commission, LAPSSET Corridor Development Authority, Lamu County Government and Dangote Industries.
The October hearing will give the applicants and respondents an opportunity to present their respective positions before the court considers the substantive application.
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